Last updated: March 2023

AGREEMENT TO TERMS

The Terms and Conditions outlined here establish a legally binding agreement between you, acting individually or on behalf of an entity ("you"), and The www.retailfx.net ("we," "us" or "our"), governing your utilization of The www.retailfx.net as well as any associated media form, platform, mobile website, or mobile application linked or connected to it (collectively referred to as the "Site").

Upon accessing the Site, you affirm that you have thoroughly comprehended, read, and consent to abide by all these Terms and Conditions. Should you disagree with any clause within these Terms and Conditions, you are explicitly prohibited from utilizing the Site and must cease usage promptly.

Additional terms and documents that may appear on the Site intermittently are expressly integrated into this agreement by reference. We retain the exclusive right to modify or amend these Terms and Conditions at our discretion at any time.

Any modifications will be communicated by updating the "Last updated" date of these Terms and Conditions, waiving your right to receive individual notifications for each alteration.

It is incumbent upon you to review these Terms and Conditions periodically to remain informed about any revisions. Your continued use of the Site once amended Terms and Conditions are posted implies your acceptance and acknowledgment of these changes.

The content available on the Site is not designed for distribution or usage by individuals or entities in jurisdictions where such dissemination or use infringes upon laws or regulations or necessitates our registration within said jurisdiction.

Consequently, individuals who opt to access the Site from different locations do so at their own initiative and bear sole responsibility for adhering to applicable local legislation. 

Option 1: The Site caters to users aged 18 or above. Individuals under 18 years of age are ineligible to register on the Site.

Option 2: The Site is designed for users who are at least 13 years old. Minors in their respective jurisdictions (typically under 18 years old) must obtain consent from and be supervised directly by their parent or guardian to utilize the Site. If you are a minor, your parent or guardian must read and consent to these Terms and Conditions before your Site usage commences.

INTELLECTUAL PROPERTY RIGHTS

The Site is considered our exclusive property unless explicitly stated otherwise. All source code, databases, functions, software, application designs, audio, video, text, images, and graphics found on the Site (collectively referred to as the "Content"), as well as the trademarks, service marks, and logos within them (the "Marks"), are either owned or controlled by us, or licensed to us, and are safeguarded by copyright, trademark laws, as well as various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international agreements.

The Content and Marks presented on the Site are provided "AS IS" for your personal use and information exclusively. Unless specifically permitted in these Terms and Conditions, no part of the Site, Content, or Marks can be utilized for any commercial purpose without our explicit prior written consent. This includes copying, reproducing, aggregating, republishing, uploading, posting, displaying publicly, encoding, translating, transmitting, distributing, selling, licensing, or any other form of exploitation.

If you meet the criteria for Site usage, you are granted a limited license to access, utilize, and download or print segments of the Content for personal, non-commercial usage, provided you have obtained access in the appropriate manner. Any rights not explicitly granted to you regarding the Site, Content, and Marks are reserved by us.

USER REPRESENTATIONS

By engaging with the Site, you affirm and guarantee that:

[(1) all registration details you provide are truthful, precise, current, and complete;(2) you will uphold the accuracy of such data and promptly update it when necessary;]

(3) you possess the legal capacity and agree to adhere to these Terms and Conditions;

[(4) you are not below the age of 13;]

(5) not considered a minor in your residential jurisdiction, [or if a minor, you have parental authorization to utilize the Site];

(6) you will not access the Site using automated methods or non-human agents, such as bots or scripts;

(7) you will refrain from using the Site for illicit or unauthorized purposes;

(8) your Site use will not violate any applicable laws or regulations.

In cases where you provide false, inaccurate, outdated, or incomplete information, we retain the right to suspend or close your account and disallow any current or future Site access (or part thereof).

USER REGISTRATION

Registration on our platform might be necessary. By registering, you agree to maintain the confidentiality of your password and take responsibility for all actions taken using your account details. We retain the right to delete, reclaim, or modify any username that we find unsuitable, offensive, or inappropriate at our discretion.

PROHIBITED ACTIVITIES

Your use of the platform must align with its intended purposes. Commercial activities unrelated to our endorsed ventures are strictly prohibited.

As a user of our platform, you must agree not to:

1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. use a buying agent or purchasing agent to make purchases on the Site.
4. use the Site to advertise or offer to sell goods and services.
5. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
6. engage in unauthorized framing of or linking to the Site.
7. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
8. make improper use of our support services or submit false reports of abuse or misconduct.
9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
11. attempt to impersonate another user or person or use the username of another user.
12. sell or otherwise transfer your profile.
13. use any information obtained from the Site in order to harass, abuse, or harm another person.
14. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
16. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
18. delete the copyright or other proprietary rights notice from any Content.
19. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
24. use the Site in a manner inconsistent with any applicable laws or regulations.

LICENSE FOR CONTRIBUTIONS

When you post your Contributions on any section of the Site or make them accessible on the Site by linking your account from the Site to your social networking accounts, you automatically grant us an unrestricted, perpetual, irrevocable, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to host, use, reproduce, sell, publish, display, distribute, and prepare derivative works of your Contributions for any purpose, whether commercial, advertising, or otherwise. This license extends to any media format and channel of distribution.

This license covers all current and future forms of media and technologies, allowing us to use your name, company name, franchise name, trademarks, logos, and images you provide. You waive any moral rights associated with your Contributions and confirm that no moral rights have been violated.

We do not claim ownership of your Contributions. You retain complete ownership and intellectual property rights associated with your Contributions. Any statements or representations in your Contributions are your sole responsibility, and we bear no liability for them.

You are accountable for your Contributions, and you agree to release us from any responsibility and refrain from legal action against us concerning your Contributions.  

We reserve the right, at our sole discretion, to (1) edit, modify, or redact any Contributions; (2) re-categorize Contributions for better organization on the Site; and (3) pre-screen or remove Contributions without notice at any time and for any reason. We are not obligated to monitor your Contributions.

REVIEW GUIDELINES

Areas on the Site may be designated for leaving reviews or ratings. To ensure compliance when posting a review, you must adhere to the following criteria:

(1) You should have firsthand experience with the individual or entity under review;

(2) Your reviews must avoid offensive language, profanity, or any form of abusive, racist, offensive, or hateful speech;

(3) Reviews should steer clear of discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;

(4) Reviews must not include mentions of illegal activities;

(5) Affiliation with competitors while posting negative reviews is prohibited;

(6) Conclusions regarding the legality of conduct should not be made in reviews;

(7) False or misleading statements are strictly prohibited;

(8) Campaigns designed to prompt others to post reviews, whether positive or negative, are not allowed.

We reserve the right to accept, reject, or remove reviews at our discretion. There is no obligation on our part to screen or delete reviews, even if they are deemed objectionable or inaccurate by anyone. Reviews do not indicate our endorsement and may not reflect our opinions or those of our affiliates or partners.

We do not hold responsibility for any review or the claims, liabilities, or losses that may arise from reviews. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit, display, perform, and distribute all review-related content by any means.

LICENSE FOR MOBILE APPLICATION

 

Usage License

If you are accessing the Site via a mobile application, you are granted a revocable, non-exclusive, non-transferable, limited right to install and utilize the mobile application on wireless electronic devices under your ownership or control. This license permits you to access and operate the mobile application strictly in accordance with the terms outlined in this mobile application license within these Terms and Conditions.

You are not permitted to:

(1) Decompile, reverse engineer, disassemble, attempt to access the source code of, or decrypt the application;

(2) Make any alterations, adaptations, improvements, enhancements, translations, or derivative works from the application;

(3) Breach any relevant laws, rules, or regulations while using the application;

(4) Remove, modify, or conceal any proprietary notices (including copyright or trademark notices) affixed by us or the application's licensors;

(5) Utilize the application for any activities generating revenue, commercial endeavors, or other purposes not intended or designed for by the application;

(6) Share the application over a network or similar environment that allows simultaneous access or use by multiple users or devices;

(7) Employ the application to develop a product, service, or software that directly or indirectly competes with or acts as a substitute for the application;

(8) Use the application to send automated queries to any app or to transmit unsolicited commercial emails;

(9) Utilize any proprietary information, interfaces, or other intellectual property provided by us in the creation, development, manufacturing, licensing, or distribution of any applications, accessories, or devices for use alongside the application.

Apple and Android Device Usage

When utilizing a mobile application acquired from the Apple Store or Google Play (each referred to as an “App Distributor”) to access the Site, the following conditions apply:

(1) The license granted to you for our mobile application is limited to a non-transferable license for using the application on a device that operates on the Apple iOS or Android systems, in compliance with the usage regulations outlined in the terms of service of the relevant App Distributor;

(2) We are responsible for providing maintenance and support services for the mobile application as detailed in the terms and conditions specified in this mobile application license within these Terms and Conditions or as mandated by applicable laws. You acknowledge that each App Distributor holds no obligation to offer any maintenance or support services for the mobile application;

(3) Should the mobile application fail to meet any applicable warranty, you have the right to inform the relevant App Distributor, who may, in accordance with its policies, reimburse the purchase cost, if any, of the mobile application. To the maximum extent allowed by law, the App Distributor assumes no further warranty responsibilities for the mobile application;

(4) You guarantee that (i) you are not situated in a country under a U.S. government embargo or identified by the U.S. government as a "terrorist supporting" nation, and (ii) you are not listed on any U.S. government roster of prohibited or restricted entities;

(5) Compliance with third-party agreements is essential when using the mobile application. For example, if you use a VoIP application, you must not breach their wireless data service agreement while using the mobile application;

(6) You acknowledge and agree that the App Distributors are considered third-party beneficiaries of the terms and conditions outlined in this mobile application license within these Terms and Conditions. Each App Distributor has the right (and is deemed to have accepted the right) to enforce these terms and conditions against you as a third-party beneficiary of the agreement. 

SOCIAL MEDIA INTEGRATION

Within the Site's features, you have the option to link your account to online Third-Party service providers' accounts (referred to as “Third-Party Accounts”) by either: (1) providing your Third-Party Account login credentials through the Site, or (2) allowing us access to your Third-Party Account, following the terms and conditions that govern your use of each Third-Party Account.

You affirm that you have the right to disclose your Third-Party Account login details to us and/or authorize our access to your Third-Party Account without violating any terms and conditions associated with the Third-Party Account. This action does not impose any fees on us or subject us to any constraints specified by the third-party service provider of the Third-Party Account.

By granting us access to your Third-Party Accounts, you acknowledge that (1) we may access, retrieve, and store (if applicable) any content you have shared and stored in your Third-Party Account (the “Social Network Content”) to make it accessible on the Site via your account, including your friend lists, and (2) we may exchange additional information with your Third-Party Account based on the notifications you receive when linking your account.

Depending on the chosen Third-Party Accounts and considering the privacy settings you have configured, personally identifiable information posted on your Third-Party Accounts may be visible through your account on the Site.

If a Third-Party Account or its associated services become unavailable or our access to such an account is terminated by the service provider, the Social Network Content may no longer be accessible on the Site. You retain the ability to disconnect your Site account from your Third-Party Accounts at any time.

IT'S IMPORTANT TO NOTE THAT YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS CONNECTED TO YOUR THIRD-PARTY ACCOUNTS ARE GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH THOSE SERVICE PROVIDERS.

We do not actively review Social Network Content for accuracy, legality, or infringement, and we do not assume responsibility for any Social Network Content.

You agree that we may access your email contact list associated with a Third-Party Account and your mobile device or tablet's contact list solely to identify and notify you of contacts who are also registered on the Site.

To sever the connection between the Site and your Third-Party Account, contact us using the provided contact information or adjust your account settings where applicable. We will make an effort to erase any data acquired via such Third-Party Account from our servers, except for the username and profile image linked to your account.

SUBMISSIONS

By providing us with any inquiries, remarks, suggestions, ideas, feedback, or other information related to the Site ("Submissions"), you acknowledge and accept that these Submissions are non-confidential and will become our exclusive property. We will possess full rights, including all intellectual property rights, and can utilize and distribute these Submissions without restriction for any lawful purpose, whether commercial or otherwise, without needing to credit or compensate you.

You explicitly relinquish all moral rights concerning these Submissions, and you confirm that these Submissions are either original to you or submitted with proper rights. You agree not to hold us liable for any alleged or actual breach or misappropriation of any proprietary rights in your Submissions.

 

THIRD-PARTY WEBSITES AND CONTENT

The application may include links to other websites ("Third-Party Websites") as well as content such as articles, photographs, text, graphics, music, videos, software, and other materials from third parties ("Third-Party Content").

We do not examine, monitor, or verify the accuracy, suitability, or completeness of Third-Party Websites or Third-Party Content. We are not accountable for the Third-Party Websites accessed through the Site or for any Third-Party Content featured on, accessible through, or downloaded from the Site, including the content, accuracy, opinions, reliability, privacy practices, or other policies presented in the Third-Party Websites or Content.

Our inclusion of links to Third-Party Websites or permission to use Third-Party Content does not signify our endorsement or approval of them. Should you choose to exit the Site and visit Third-Party Websites or utilize Third-Party Content, you do so at your own risk, recognizing that these Terms and Conditions no longer apply.

Prior to accessing any website linked from the Site or installing applications from the Site, be sure to review the relevant terms, policies, including privacy practices of these external sources. Any purchases made through Third-Party Websites are directly conducted with those websites and companies, and we bear no responsibility for such transactions, as they exclusively involve you and the respective third party.

You agree that we do not endorse the products or services provided on Third-Party Websites and release us from any liability related to your purchase of such items. Moreover, you indemnify us from any losses or damages incurred by you due to or associated with any Third-Party Content or interactions with Third-Party Websites.

ADVERTISERS

Ad space within specific areas of the Site, like sidebar or banner advertisements, is provided for advertisers to showcase their ads and related information. As an advertiser, you are accountable for the content of your ads on the Site and any services or products promoted through those ads.

By advertising on the Site, you confirm that you have the necessary rights and permissions to display ads, encompassing intellectual property, publicity, and contractual rights.

As an advertiser, you acknowledge that your ads are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy guidelines detailed below, and you accept that no refunds or compensations will be provided for issues related to DMCA takedowns. Our role is limited to providing ad space, and we do not engage in any other partnerships with advertisers.

SITE MANAGEMENT

We hold the authority, though not the obligation, to:

(1) monitor the Site to ensure adherence to these Terms and Conditions;

(2) take legal action against any individual who, at our discretion, breaches the law or these Terms and Conditions, which may include reporting such users to law enforcement;

(3) at our sole discretion and without limitations, reject, restrict access to, limit availability, or technologically deactivate any of your Contributions or parts thereof;

(4) at our sole discretion and without notice or liability, eliminate or disable any files or content from the Site that are excessively large or pose a burden on our systems;

(5) overall manage the Site to safeguard our rights and assets and ensure the Site's proper functionality.

PRIVACY POLICY

Protecting data privacy and ensuring security are paramount to us. Kindly review our Privacy Policy CLICK HERE/available on the Site]. Your use of the Site binds you to our Privacy Policy, which is an integral part of these Terms and Conditions. Please note that the Site is hosted in the United States.

If you access the Site from regions like the European Union, Asia, or any area governed by data protection regulations differing from U.S. laws, your continued use of the Site implies the transfer of your data to the United States. By continuing to use the Site, you expressly consent to this data transfer and processing in the United States.

Additionally, we do not knowingly collect or solicit information from children nor do we target children with marketing efforts. Therefore, in compliance with the U.S. Children’s Online Privacy Protection Act, if we become aware that a child under 13 has provided personal information to us without verifiable parental consent, we will promptly remove that information from the Site.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Respecting the intellectual property rights of others is fundamental to us. If you believe that any material on the Site infringes upon a copyright you own or control, please promptly notify our Designated Copyright Agent using the provided contact details (a “Notification”).

A copy of your Notification will be shared with the individual who posted or stored the material mentioned. It's important to note that making false representations in a Notification can lead to legal consequences. Therefore, if you're uncertain about copyright infringement related to material on or linked from the Site, consulting with legal counsel is recommended.

All Notifications must adhere to the requirements of DMCA 17 U.S.C. § 512(c)(3) and should include the following details:

(1) A physical or electronic signature of an authorized person acting on behalf of the copyright owner;

(2) identification of the copyrighted work allegedly infringed, or, for multiple works, a representative list of such works on the Site;

(3) specifics on the allegedly infringing material and sufficient information for its location;

(4) contact details of the complaining party, including address, telephone, and email;

(5) a statement attesting to the complainant's belief that the material's use infringes upon copyright law;

(6) a declaration that the information in the notification is accurate, and the complainant is authorized to act on behalf of the copyright owner.

COPYRIGHT INFRINGEMENTS

Respecting the intellectual property rights of others is a fundamental principle for us. If you believe that any material on the Site infringes a copyright you own or control, please promptly notify us using the provided contact information (a “Notification”). We will forward a copy of your Notification to the individual responsible for the material addressed in your report.

Please be aware that under federal law, making misrepresentations in a Notification can lead to legal liabilities. If you are uncertain whether material on the Site violates your copyright, consulting with legal counsel before submitting a Notification is advisable.

MODIFICATIONS AND INTERRUPTIONS

We retain the right to alter, modify, or remove Site content at our discretion without prior notice. While we are not obligated to update information on the Site, we also reserve the right to adjust or terminate the Site, in whole or in part, without advance notice.

We are not liable to you or any third party for Site modifications, price changes, interruptions, or cessation of services. Although we aim for uninterrupted access to the Site, technical issues or maintenance may lead to interruptions or errors.

We retain the right to adjust, suspend, discontinue, or modify the Site without notification. You acknowledge that we bear no responsibility for any inconvenience or harm resulting from your inability to access the Site during maintenance or service interruptions.

These Terms and Conditions do not compel us to provide ongoing support or updates for the Site.

CORRECTIONS

The Site may contain errors or omissions in information like descriptions, pricing, or availability. We hold the right to rectify any inaccuracies or issues without prior notice and to update the Site’s information as necessary.

INDEMNIFICATION

By using the Site, you agree to indemnify and protect us, our subsidiaries, affiliates, officers, agents, partners, and employees from any claims, liabilities, or demands made by third parties arising from your actions, including your contributions, Site usage, breaches of these Terms and Conditions, violations of third-party rights, or harm caused to other Site users.

We reserve the right, at your expense, to assume exclusive control over any matter requiring indemnification, while you agree to cooperate with our defense efforts. We will notify you of any such claims needing indemnification once we are aware of them.

USER DATA

We will uphold and manage data you transmit to the Site for operational purposes and to track your Site usage. While we conduct routine data backups, you are solely accountable for all data you transmit or activities you engage in on the Site.

You acknowledge and agree that we are not liable to you for any loss or corruption of such data, and by accepting this, you waive any claims or rights of action against us in relation to any loss or corruption of your data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Your interactions on the Site, such as browsing, emailing us, or filling out online forms, are considered electronic communications. By using the Site, you agree to receive electronic communications and acknowledge that any agreements, notifications, disclosures, or other communications we provide to you electronically, either via email or on the Site, fulfill legal requirements for written communication.

You consent to the use of electronic signatures, contracts, orders, and other records, as well as the electronic delivery of notices, policies, and transaction records initiated or completed by us or through the Site.

By accepting these terms, you waive any rights or obligations established by statutes, regulations, or laws in any jurisdiction that mandate physical signatures, non-electronic record storage, or non-electronic payment methods.

MISCELLANEOUS

These Terms and Conditions, along with any policies or operational guidelines posted on the Site, constitute the complete agreement between you and us. Our failure to enforce any right or provision in these Terms and Conditions does not waive that right or provision.

These Terms and Conditions are governed by applicable laws to the fullest extent. We reserve the right to transfer our rights and responsibilities to others at any time and are not liable for losses, damages, delays, or actions beyond our control.

If any part of these Terms and Conditions is found to be illegal, invalid, or unenforceable, that part is considered separately from the rest and does not invalidate the remaining provisions.

Your use of the Site does not create a partnership, joint venture, employment, or agency relationship between us. You agree that the drafting of these Terms and Conditions will not be interpreted against us due to being their drafter.

By agreeing to these terms, you waive any objections based on the electronic format of these Terms and Conditions and the absence of physical signatures between the parties to execute them.